U.S. District Judge Ivan Lemelle this afternoon denied an 11th-hour motion from accused embezzler Mark Titus seeking a delay of his sentencing, which is set for 2 p.m. Wednesday. Titus had asked Lemelle to delay his sentencing to allow him to address new allegations of misconduct involving members of his family.

When two FBI agents first knocked on his door a year ago, Titus didn't put up much of a fight before confessing to looting Garner Services.Michael DeMocker, The Times-Picayune archive

Titus is the brother-in-law of Dominick Fazzio, the chief financial officer for the River Birch landfill -- which is at the center of a sprawling federal probe. Titus and Fazzio are accused of embezzling more than $1 million from a construction company that Titus co-owns.

Titus' request for a delay came a few days after prosecutors filed a document saying that, after Titus agreed to plead guilty to embezzling charges last year, he and members of his family launched a "scheme" to block the government's seizure of ill-gotten assets.

The prosecution filing said Titus, his wife, his son and Titus' mother-in-law were involved in transactions designed to put cash and property out of the government's reach.

But Titus' attorney, James Ardoin, argued the new allegations "dramatically impact the potential sentencing hearing" for Titus, and said his client hasn't had enough time to respond. The filing asked Lemelle for a 10-day delay.

While Lemelle has rejected Titus' request for a delay, he has not yet ruled on a motion by Titus asking to withdraw his guilty plea. Presumably, Lemelle will rule on that motion before sentencing takes place Wednesday.

Prosecutors successfully argued that Titus' sentencing has been postponed four times already. They added: "Titus is surely aware of his own properties and his attempt to shield those properties from forfeiture."

The government's response also says prosecutors let Titus know that they saw the transactions as improper back in August.

With the help of Titus, who wore a wire for the government, prosecutors had hoped to turn Fazzio into a cooperating witness in the criminal probe of River Birch owners Fred Heebe and Jim Ward. But Fazzio has denied wrongdoing and his case is set for trial later this month.

Heebe and Ward, who have not been charged in the probe, have said they did nothing wrong.

Ardoin has argued that the court's final pre-sentencing report on Titus contained key differences when compared to a preliminary report. Paramount among them, Ardoin argued, was the deletion of a statement included in the first sentencing report that said the government wasn't seeking to seize Titus' assets. In their reponse, prosecutors said that difference in the reports is "immaterial" to Titus' sentencing.